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(영문) 인천지방법원 2017.01.25 2016고단8025
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium for electronic financial transactions.

Nevertheless, on August 23, 2016, the Defendant would lease the head of the Tong to give monthly user fee to him/her.

“A person who receives a text message to the effect that “, and contacts an unqualified person, operates an Internet sports discussions site” from an unqualified person.

As the head of the Tong can not seek a non-financial loan, it is possible to loan the head of the Tong and return it after using it for one month.

In response to the proposal to the effect that the head of the Tong will give 3 million won to 3.5 million won to 3.5 million won to the monthly rent of the head of the Tong, he entered the password on the back of the physical card, which is an access medium connected to the Defendant’s company bank account (C) in the name of the defendant, using Kwikset on the front of the operation park in Gyeyang-gu Incheon on the same day, and lent the access medium used for electronic financial transactions by delivering it to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a certificate of deposit confirmation, details of financial transactions, investigation report (verification of account holder, date, time, etc. of withdrawal), CCTV photographing data, copy of driver's license, copy of passbook, and provision of Acts and subordinate statutes regarding criminal history;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62 of the Defendant committed the instant crime with a view to raising the school expenses for children, but not receiving any payment for the crime; Article 62(1) of the same Act (Article 62 of the Road Traffic Act)

1. The community service order under Article 62-2 of the Criminal Act;

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